european ip helpdesk - etn-phymot
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www.iprhelpdesk.euwww.iprhelpdesk.eu
European IP Helpdesk
Stay ahead of the innovation
game.
IP in EU-funded Projects / H2020 with a special focus on MSCA
Web session
www.iprhelpdesk.eu
Key success factors for „bridging“
academic/non-academic sector
Mutual Trust ManagerialCapacities
GovernanceStructures
Clear andtransparent
contracts
Activeinvolvementof all parties
Agreements on IPR
Win-Win-Situation
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MSCA – IP relevant characteristics
• Intersectoral exchange – academic/non-academic (i.e. SMEs) – Different IP
policies/interests; Publication vs. Exploitation
• International dimension EU-MS/AC vs. Third Countries – Different IP
laws/regulations
• Joint research and innovation activities between the participants-
Exchange and sharing of knowledge (IP); joint protection and exploitation of
results
• Secondments of research and innovation staff (exchanges) focusing on
the exploitation of complementary competences of the participants –
Granting access to background/results for/by “Visitors“
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Rules & Agreements
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IP rules are part of different type of agreements to be used within
MSCA instruments
Grant Agreement
• to be signed with EC/REA
Consortium Agreement
• to be signed among benificaries
• mandatory
Partnership Agreement
• to be signed with partner organisations
Researcher Agreement
• to be signed between fellow and host institution (on individual basis but model contracts areavailable); ask your NCP
Additional Agreements
• i.e. Confidentiality Agreement to be signed between secondee and host institution (if not already specified in the PA or RA)
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Specific Vocabulary
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Vocabulary
Key terms in the context of Horizon 2020 projects are:
• Background
• Results
• Exploitation
• Dissemination
• Access rights
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Access Rights (II)
Grant of minimum Access Rights (note: additional Access Rights can always
be agreed upon!)
Access to background Access to
results
Project implementation Royalty-free (unless
differently agreed before
the signing of the GA)
Royalty-free
Exploitation of results On fair and reasonable
conditions
On fair and reasonable
conditions
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Other IP rules
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Reminder: asserting the ownership of results
Ownership rules can be found in the GA (default regime) and in the CA.
Principle = results belong to the participant generating them.
If results have been generated by several partners jointly = joint ownership. The GA
contains a default ownership regime, usually CA templates do too.
Best practice: agree on a tailored joint ownership agreement adapted to each jointly
owned result. JO clauses included in the CA are usually too broad.
It is always advisable to clarify the question of the ownership of results within the
consortium once they have been created, in line with your CA, before the partners start
setting up exploitation strategies!
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General obligation to protect
Each participant must examine the possibility of protecting its results and must adequately
protect them — for an appropriate period and with appropriate territorial coverage — if:
(a) the results can reasonably be expected to be commercially or industrially exploited and
(b) protecting them is possible, reasonable and justified (given the circumstances).
When deciding on protection, the beneficiary must consider its own interests and the interests
(especially commercial) of the other beneficiaries.
Protection can be secured by IPR or other means (e.g. trade secret protection).
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Protection by IPR
IPR What for? Registration?
Patent New inventions Registration is required
Utility model New inventionsRegistration is required, but conditions are less stringent
than for patentability
Trade Marks Distinctive signs Registration is required
Industrial Design Appearance of productsRegistration is usually required, but it is possible to acquire
an unregistered design right
Copyright Literary, artistic and scientific works Not required, but it can be registered in some countries
ConfidentialityConfidential business
information/trade secrets
Not required, but internal protection measures needed (i.e.
NDAs)
Always use IPR symbols, such as © for copyright, ™ and ® for trademarks, or any other equivalent indicating that it is protected by one or more different IPR
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Obligation to disseminate
Project partners are obliged to disseminate the results swiftly (i.e. to scientific
community/broader public) by any appropriate means other than that resulting
from the formalities for protecting it or exploiting the results, and including the
publication of results in any medium.
But:
• no dissemination of results may take place before decision is made
regarding their possible protection, and
• All publications or any other type of dissemination (also in electronic
form) shall include a statement that the action received financial support
from the Union – the same applies to results incorporated in
standardisation activities.
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Dissemination checklist
• Take a decision about the protection of results and all required steps
• Inform the other consortium partners in writing 45 days before the planneddissemination activities and include enough information to allow them to analysewhether their interests are affected or not. Note that this time limit can be changed (formore or less days) in the CA. Wait 30 days for any objection to the dissemination (unlessotherwise agreed in the CA).
• Beware not to infringe third parties' intellectual property rights
• Open access as a general principle of scientific dissemination
• List the dissemination activities in the Exploitation and Dissemination Plan
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Obligation to disseminate Vs. Obligation to protect
Make sure you comply with the obligation to protect…
…comply with the obligation to disseminate
Sometime early disclosures (dissemination or communication of results) may undermine potential future exploitation activities.
THEN!
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Questions about Open Access?
The European Commission has published a fact sheet and guidelines on Open
Access to Scientific Publications and Research Data in Horizon 2020, that can be
downloaded at:
• https://ec.europa.eu/programmes/horizon2020/sites/horizon2020/files/FactSh
eet_Open_Access.pdf
• http://ec.europa.eu/research/participants/data/ref/h2020/grants_manual/hi/oa_
pilot/h2020-hi-oa-pilot-guide_en.pdf
For more guidance and support on Open Access: the OpenAIRE initiative aims to
support the implementation of the Open Access policies of the European
Commission and the European Research Council. https://www.openaire.eu/
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Costs Reimbursement
• Costs of intellectual property rights (IPR), including protecting results
(e.g. fees paid to the patent office for patent registration) and royalties on
access rights are eligible costs
• Cost for open access publications are also considered eligible by the GA,
e.g. Author Processing Charges (APCs)
• For more information on costs eligible for reimbursement in H2020:
contact your Legal & Financial National Contact Point!
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General obligation to exploit
Each participant receiving EU funding must — up to four years after the project completion
take measures aiming to ensure ‘exploitation’ of its results (either directly or indirectly, in
particular through transfer or licensing by:
(a) using them in further research activities (outside the action);
(b) developing, creating or marketing a product or process;
(c) creating and providing a service, or
(d) using them in standardisation activities.
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Find out moreGeneral
• Horizon 2020 Programme: Annotated Model Grant Agreement
Communication Activities
• Brochure: Making the Most of Your H2020 Project – Boosting the impact of your project through effective communication,
dissemination & exploitation
• Online Manual: Horizon 2020 Participant Portal Online Manual “Communicating Your Project”
• Guide: Communicating EU Research & Innovation; Social Media Guide for EU-funded R&I Projects
• Videos: The EU Guide to Science Communication
• Webinar: 60-minute Communication Workout
• Social Media Guide: http://ec.europa.eu/research/participants/data/ref/h2020/other/grants_manual/amga/soc-med-
guide_en.pdf
Dissemination & Exploitation
• Online Manual: Horizon 2020 Participant Portal Online Manual “Dissemination & Exploitation of Results”
• European IP Helpdesk Fact Sheet: The Plan for the Exploitation and Dissemination of Results in Horizon 2020
IP Management
• European IPR Helpdesk Guide: Your Guide to IP in Horizon 2020
Open Access & Data Management
• Online Manual: Horizon 2020 Participant Portal Online Manual “Open Access & Data Management”
• Guidelines: Rules on Open Access to Scientific Publications & Open Access to Research Data in Horizon 2020; Data
Management in Horizon 2020
• Infographic: Open Access
• European IP Helpdesk Fact Sheet: Open Access to scientific publications and research data in Horizon 2020: Frequently
Asked Questions
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Contact:
• www.iprhelpdesk.eu
• Twitter @iprhelpdesk
• LinkedIn /european-ipr-
helpdesk
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Thank you !
For further questions about this presentation: [email protected]
All pictures used under:
Pixabay licence
Unsplash licence
The European IP Helpdesk is managed by the European Commission’s Executive Agency for Small and Medium-sized Enterprises (EASME),with policy guidance provided by the European Commission’s Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs(DG Grow). The information provided by the European IP Helpdesk is not of a legal or advisory nature and no responsibility is accepted forthe results of any actions made on its basis. Moreover, it cannot be considered as the official position of EASME or the EuropeanCommission. Neither EASME nor the European Commission nor any person acting on behalf of EASME or of the European Commission isresponsible for the use which might be made of this information.© European Union (2020)